The Blog of International Judicial Assistance | By Ted Folkman of Pierce Bainbridge

Posts tagged “Letter Rogatory”

The case of the day is Lustig v. Wilson (In re Richmond Group) (Bankr. W.D.N.Y. 2017). Lustig, the bankruptcy trustee of the Richmond Group, sued Wilson, who resided in New Zealand. Lustig sought leave under FRCP 4(f)(3) to serve process on Wilson by email. New Zealand is not a party to the Hague Service Convention, so the court couldn’t simply say that service by email is impermissible under the Convention.

The case of the day is Allianz Sigorta, A.S. v. Ameritech Industries, Inc. (E.D. Cal. 2016). Allianz was a Turkish insurance company. Ameritech, through a subsidiary, was in the business of servicing aircraft engines. Ameritech serviced the engine on a plane that was sold to Korfez Hartalcilik Planlama Ltd. STI, which was Allianz’s insured. The engine failed when the plain was being flown from the United States to Turkey, and the pilot ditched the plane off the east coast of Canada. Allianz (as Korfez’s subrogee) sued, claiming that the engine failed because of Ameritech’s bad service and that Allianz had negligently misrepresented that the plane was airworthy. The damaged plane and engine were in the possession of Air Labrador at facility in Goose Bay,…

The case of the day is Moore v. Bertuzzi, 2014 ONSC 1318. In a February 2004 hockey game, Steve Moore, who played for the Colorado Avalanche, checked Markus Näslund of the Vancouver Canucks, causing some injuries. No penalty was called, and after the game, several Canucks players, including Todd Bertuzzi, as well as the Canucks’ general manager and coach, made public statements to the effect that there was a “bounty” on Moore. In a game between the two teams the next month, Bertuzzi hit Moore from behind, breaking his neck and ending his career. Bertuzzi was suspended from the league and pleaded guilty to assault and battery.